BHARATBHAI RANCHODBHAI PARMAR Vs. RAJENDRAKUMAR BAHECHARBHAI ANAND

JUDGEMENT

(1.) This appeal is filed by the original complainant under Sec. 378(4) of the Code of Criminal Procedure, challenging the judgment and order dtd. 31/7/2006 passed by the learned Judicial Magistrate First Class, Gandhinagar, in Criminal Case No.2863 of 2004. By the said judgment and order, the learned Magistrate has recorded the acquittal of respondent No.1 - original accused for the charges under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) Brief facts of the case of the complainant are as under:

(3.) This Court by order dtd. 25/9/2008 had granted leave to appeal. Thereafter, the matter was adjourned for admission and by order dtd. 14/10/2008, this Court had admitted the present appeal. The notice was issued by this Court upon the respondent No.1 - original accused, which was duly served and was represented by the learned advocate Mr. M.P. Prajapati. The R & P of the original Criminal Case was called for which was received by this Court. When the matter was listed for final hearing, it was reported that the learned advocate Mr. B.S. Brahmbhatt representing the appellant, had expired pending the appeal. Hence, the notice was issued upon the appellant in order to enable him to engage a lawyer to represent his case. Though the notice was served, the appellant has chosen not to appear or to engage the lawyer to conduct the present appeal. Thus, this Court by order dtd. 7/9/2022 after recording absence of appellant and considering the appeal is of the year 2008, as a last chance, had adjourned the matter on 21/9/2022. Few adjournments were granted and ultimately, this Court proceeded to hear the matter with the assistance of learned APP Mr. Bhargav Pandya and learned advocate Ms. Nishi Patel for Mr. Prajapati, learned advocate for the respondent No.1.